Understanding Tenancy Agreements in Western Australia

Renting a home in Western Australia (WA) entails understanding your rights under tenancy agreements and their renewals. Whether you're experiencing a rent increase or need clarification about your lease's renewal terms, it's crucial to grasp the state's regulations protecting renters.

Key Aspects of Tenancy Agreements

A tenancy agreement in WA is a legally binding contract between a tenant and a landlord that sets out the conditions of the rental arrangement. These agreements can be fixed-term or periodic and must align with the Residential Tenancies Act 1987. This legislation outlines tenants' rights and obligations regarding rent increases, repairs, and lease renewals.1

Fixed-Term vs. Periodic Tenancies

Fixed-term tenancies are for a set period, typically six or twelve months, while periodic tenancies have no predefined end date. Each type has unique obligations and processes for renewal or termination, making it crucial to understand what applies to your situation.

Renewing Your Tenancy

As the end of a fixed-term lease approaches, both parties may negotiate new terms or decide not to renew. WA law requires the landlord to provide written notice of their intentions. If no action is taken, the agreement typically shifts to a periodic tenancy.

Handling Lease Renewal Notices

  • Lease Renewal Offer: If you wish to continue renting, you may propose negotiating different terms or accepting those stated in the new lease.
  • Notice of Termination: If either party does not wish to renew the lease, appropriate notice periods must be adhered to — usually 30 days for tenants.

Dealing with Rent Increases

WA laws allow landlords to increase rent under specific conditions and after giving adequate notice, typically 60 days. For increases during a fixed-term lease, terms should be explicitly stated in the agreement.

Responding to Rent Increases

If you believe a rent increase is unreasonable, you can negotiate with your landlord or make an application to the Department of Mines, Industry Regulation and Safety (DMIRS) for a determination.

"Understanding how to address rent increases and tenancy renewals can help maintain your housing stability and ensure your rights are respected."

FAQ

  1. What notice must a landlord give for a rent increase in WA? Landlords must provide written notice at least 60 days before the increase takes effect.
  2. What should I do if I want to challenge a rent increase? You can negotiate with your landlord or seek a determination from the DMIRS if the increase seems unfair.
  3. Can my landlord refuse to renew my lease? Yes, landlords can decide not to renew a lease but must provide proper notice according to tenancy laws.

Need Help? Resources for Renters


  1. WA Residential Tenancies Act 1987: [link]
  2. Fair Trading Act 1987 (Cth): [link]
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Australia

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.